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2025 DAILYLAW 13712 (KAR)

N.A.RAMAKRISHNA v. BRUHAT BANGALORE MAHANAGARA PALIKE

WP/24377/2015 · 2025-04-26

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:17420 WP No. 24377 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 24377 OF 2015 (LB-BMP) BETWEEN: N.A. RAMAKRISHNA S/O ANJANAPPA SINCE DEAD BY LRs 1. SMT. K.N. JAGADAMBA AGED ABOUT 74 YEARS W/O LATE N.A. RAMAKRISHNA 2. SRI. B.R. SUBRAMANYA AGED ABOUT 57 YEARS S/O LATE N.A. RAMAKRISHNA 3. SRI. B.R. MARUTHI AGED ABOUT 55 YEARS S/O LATE N.A. RAMAKRISHNA 4. SMT. B.R. JYOTHI W/O K.V. NARAYANASWAMY D/O LATE N.A. RAMAKRISHNA PETITIONERS NO.1 TO 4 ARE R/AT NO. 374, 13TH MAIN ROAD RMV EXTENSION BANGALORE-560 080. PETITIONS NO. 1, 2 AND 4 ARE REP. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17420 WP No. 24377 of 2015 BY GPA HOLDER PETITIONER NO.3 SRI. B.R. MARUTHI …PETITIONERS (BY SRI. CHANDRASHEKARAN, ADVOCATE FOR P-1; SMT. B.V. NIDHISHREE, ADVOCATE FOR P2 TO P4) AND: 1. BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 002. BY ITS COMMISSIONER 2. THE JOINT COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE BYATARAYANAPURA, YELAHANKA ZONE AMRUTHALLI ROAD BANGALORE-560 092. 3. THE CHIEF ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE BYATARAYANAPURA, YELAHANKA ZONE AMRUTHALLI ROAD BANGALORE-560 092. 4. THE EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE C.K. LAYOUT, SAHAKARANAGARA BANGALORE-560 097. 5. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE BYATARAYANAPURA SUB-DIVISION DASARAHALLI, BANGALORE-560 032. 6. THE ASSISTANT DIRECTOR - 3 - NC: 2025:KHC:17420 WP No. 24377 of 2015 OF TOWN PLANNING YELAHANKA-BYATARAYANAPURA BRUHAT BANGALORE MAHANAGARA PALIKE BYATARAYANAPURA, YELAHANKA ZONE, AMRUTHALLI ROAD BANGALORE-560 092. 7. SMT. R.G. SUJATHA W/O Y.A. NAGARAJ R/AT NO. 1275, 1ST FLOOR 1ST MAIN, GANDHINAGAR, YELAHANKA BANGALURU-560 064. [VIDE COURT ORDER CAUSE TITLE IS AMENDED] …RESPONDENTS (BY SRI. N.R. JAGADEESWARA, ADVOCATE FOR R1 TO R6; SRI. V. GANAPATHY BHAT, ADVOCATE FOR R7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, DIERCT THE RESPONDENTS TO DEVELOP AND CONNECT THE ROAD AND ASPHALT THE ROAD THROUGH SY.NO.30/1, TO THE END OF SURVEY NUMBER 30/2 CONNECTING ROAD TO SURVEY NUBMER 29 OF KOGILU VILLAGE, YELAHANKA HOBLI, BANGALORE NORTH TALUK AND ETC. THIS PETITION, COMING ON FOR FURTHER CONSIDERATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 4 - NC: 2025:KHC:17420 WP No. 24377 of 2015 ORAL ORDER 1. A joint memo is filed by the parties in the following terms: 7. The petitioners and Respondent No.7 herein have negotiated terms and conditions set-out as under; a) The 7th Respondent has agreed to relinquish 3320 Sq.ft., approximately in favour of BBMP from Sy.No.30/1 through Sy.No.30/2 connecting Sy.No.29 belonging to the petitioners. Accordingly, sketch has been prepared and same has been produced herewith and marked as ANNEXURE - A. As per the above sketch the 7th respondent is agreeable to relinquish the above portion measuring 3320 Sq.ft., and marked as ABCD in the sketch enclosed along with in favour of BBMP, by reserving rights to use the Road as public Road. The petitioners have agreed to get execute required documents in favour of BBMP for formation of 40 feet Road for utilization of the public. The 7th Respondent agrees to sign the documents required for the RELINQUISHMENT DEED. b) In lieu of the above said land which is required for formation of Road upto the petitioners land Sy.No.29, the petitioners herein have agreed - 5 - NC: 2025:KHC:17420 WP No. 24377 of 2015 to compensate the 7th Respondent by executing Registered sale deed without taking any monitory consideration, an area of 7500 Sq.ft., in Sy.No.29 which is belonging to the petitioners, the said land is abutting to Sy.No.30/2, Katha No.199/30/2 of the 7th Respondent as shown in the sketch enclosed. c) The parties have agreed simultaneously both deeds will be executed by both parties as agreed above. d) It is the duty of the petitioner to get relinquishment deed registered in favour of BBMP and form a Road which is connected from Sy.No.30/2 to Sy.No.29 of the petitioners. e) The required stamp duty for registration of the sale deed and other documents has to be paid by the petitioners. f) The respondent and the petitioner have to get survey of the land jointly in respect of Sy.No.29, measuring 7500 Sq.ft., and petitioners to get katha bifurcated individually in their names and the petitioners shall produce all documents which is required for registration of the 7500 Sq.ft., in favour of the 7th respondent along with signatures of all the legal heirs and also all required documents has to be produced by the petitioners to the 7th respondent for title of the said property. - 6 - NC: 2025:KHC:17420 WP No. 24377 of 2015 g) Both petitioners and 7th respondent agrees to complete all the formalities within two months time. 2. In the light of the joint memo, this writ petition is disposed of in terms of the joint memo. 3. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 65